Camden, New Jersey Flatbed Towing Class Action Settlement

Owners of vehicles towed by a Camden, N.J. city contractor using unnecessary flatbed towing can get reimbursement from a recent class action settlement.

According to plaintiff Troy Oglesby, Sr., defendant The “Original” W. Hargrove Demolition Company, doing business as Camden Towing, has been making a practice of overbilling vehicle owners for flatbed tows that the company performed under its contract with defendant City of Camden.

The October 2013 contract specifies that Hargrove will charge a rate of $89 per day for towed vehicles. But Oglesby says Hargrove charged $160 for flatbed towing, whether or not a flatbed tow was necessary for the subject vehicle.

Oglesby says Hargrove towed his truck twice, in May and July 2015. The second time he went to retrieve it, he claims Hargrove refused the $89 payment he offered, instead demanding the full $160 cost of the flatbed tow. Oglesby refused to pay that much, and Hargrove retained possession of his truck.

Oglesby argued that he had a right to enforce the $89 towing price as a third-party beneficiary of the contract between Hargrove and the City of Camden. He also claimed Hargrove violated regulations under the New Jersey Predatory Towing Prevention Act, which in cases of nonconsensual towing prohibit companies from billing extra for flatbed towing unless the vehicle can only be moved using a flatbed truck.

Under terms of this class action settlement, Hargrove will pay a total of $281,000. This amount will cover Class Members’ claims, an incentive award for Oglesby, and class counsel’s attorneys’ fees.

The City of Camden also agrees to enforce compliance with the requirements in Hargrove’s towing contract, New Jersey state law, and the Local Public Contracts Law.

Class Members who want to object to the settlement or opt out of it must do so in writing by Oct. 10, 2017. See the settlement administrator’s website for details on how to object or opt out.

Who’s Eligible

According to the settlement agreement, Class Members eligible to make a claim include persons who between Oct. 15, 2013 and Nov. 4, 2015 had a vehicle towed by Hargrove pursuant to its contract with the City of Camden and were billed in excess of $89 for a flatbed tow, where the tow was not the result of an accident.

Potential Award

The settlement agreement provides that “[t]he reimbursement amount for each transaction shall be the difference between the $160.00 that Hargrove charged for a non-accident flatbed tow and $89.00 plus 10%.”

Proof of Purchase

The Claim Form requires claimants to submit their contact information, identification information for the towed vehicle, and the date of the relevant tow.

Claim Form

CLICK HERE TO FILE A CLAIM »

Claims must be submitted by mail. There is no online Claim Form.

Claim Form Deadline

10/6/2017

Case Name

Oglesby v. The “Original” W. Hargrove Demolition Company Inc. d/b/a Camden Towing Inc. and The City of Camden, Case No. 1:15-cv-08006-RMB-JS, in the U.S. District Court for the District of New Jersey

Final Hearing

10/10/2017

Settlement Website

www.TowingServiceSettlement.com

Claims Administrator

Towing Services Settlement
c/o Angeion Group
1801 Market Street, Suite 660
Philadelphia, PA 19103
TowingSettlement@AdministratorClassAction.com

Class Counsel

Lisa J. Rodriguez
SCHNADER HARRISON SEGAL & LEWIS LLP

Defense Counsel

Counsel for Hargrove:
Richard F. Klineburger III
KLINEBURGER & NUSSEY

Counsel for City of Camden:
William M. Tambussi
Christopher A. Reese
BROWN & CONNERY LLP